Disposed

Bijoy Kumar and Ors. v. Draupati Devi and Ors.

Patna HC6 Feb 2019MJC/1396/2015

Case brief

AI extract

What is this about?

This is an oral order disposing of a miscellaneous jurisdiction case filed for restoration of a dismissed appeal. The court noted the petitioners' intentional laches, including taking adjournment and subsequently absconding, which delayed proceedings. It ordered the restoration of a related case subject to payment of costs.

What did the court decide?

M.J.C. No.950 of 2015 restored subject to payment of costs of Rs. 5,000/- within four weeks.

Bijoy Kumar and Ors. Vs Draupati Devi and Ors. — Civil Procedure and Limitation | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1396 of 2015

¶2

======================================================

¶3

Bijoy Kumar, S/o Late Ram Narayan Prasad

¶4

Ajay Kumar, S/o Late Ram Narayan Prasad

¶5

Muni Kumari, D/o Late Ram Narayan Prasad

¶6

Madhuri Kumari, D/o Late Ram Narayan Prasad, all are R/o Marwari Bazar, Main Road, District-Sitamarhi

¶7

... ... (Plaintiffs) Appellants/ Petitioner/s

¶8

Versus

¶9

Draupati Devi and Ors W/o Sri Naresh Prasad Bhagat and D/o Late Yamuna Prasad Sah, Resident of Village and P.O. Sangrampur, District - Munger S/o Dwarika Rai.

¶10

Mohan Prasad, S/o Late Yamuna Prasad Shah

¶11

Ram Baboo, S/o Late Yamuna Prasad Shah

¶12

Shashi Ranjan Prasad, S/o Ram Baboo Prasad, minor

¶13

Pankaj Kumar, S/o Ram Baboo Prasad, minor Opp. Party No. 4 and 5 are under the guardianship of his father Sri Ram Baboo Prasad. All R/o Marwari Bazar, P.S. and District Sitamarhi

¶14

... ... Opposite Party/s

¶15

======================================================

¶16

Appearance :

¶17

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Prasoon Sinha ======================================================

¶18

CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

¶19

3 06-02-2019

¶20

Heard learned counsel for the petitioners as well as learned

¶21

O.P. No.2.

¶22

How unscrupulous litigants are engaged in consuming the time

¶23

of the Court in order to linger the proceeding to deprive of usufruct of decree, this case happens to be glaring example, which ultimately costs the system. Now-a-days, there happens to be hue and cry that on account of non-working of the system in its proper way, the cases are being allowed to remain pending for years together. Contrary to it, the truth happens to be otherwise. A Title Suit has been instituted in the Year 1980, the appeal has been filed in the Year 1991, the appeal was taken up for hearing in the Year 2015 and on which date, the learned counsel for the appellant/

¶24

Patna High Court MJC No.1396 of 2015(3) dt.06-02-2019

¶25

2/2

¶26

petitioner took adjournment to be ready on next date, but became absent on the relevant date 05.02.2015, on which date the appeal was dismissed. Subsequently thereafter, for restoration of the same, M.J.C. No.950 of 2015 was filed and on account of non-presence of the learned counsel for the petitioners, the same was dismissed on 08.05.2015. Thereafter, M.J.C. No.1396 of 2015 has been filed and today is the date for hearing order.

¶27

There happens to be intentional laches at the end of the petitioners to drag the appeal anyhow. Learned counsel for the petitioners took adjournment and then, remained absent. That happens to be a peculiar feature. If the M.J.C. is allowed to be restored, then in that circumstance, the path for restoration of F.A. No.473 of 1991 will be opened, but considering the conduct of the petitioners, the petitioners should pay for the same and for that, M.J.C. No.950 of 2015 is directed to be restored, subject to payment of cast of Rs.5,000/- at Patna High Court Legal Committee. The restoration will be effected only after filing of the receipt, which should be within four weeks.

¶28

(Aditya Kumar Trivedi, J)

¶29

vikash/-

¶30

Bijoy Kumar and Ors. v. Draupati Devi and Ors.

Case brief

What is this about?

What did the court decide?

Bijoy Kumar and Ors. v. Draupati Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bukhi Ram Dharhi @ Dukhi Ram and Anr. Vs State of Bihar

Uma Shankar Rajak Vs The State Of Bihar and Ors.

Mahadeo Chaudhary Vs State of Bihar

Pawan Kumar Vs The State Of Bihar

Kiran Kumari Vs The State Of Bihar

Nandan Yadav Vs The State Of Bihar